RAJA RAM PAL V. HON’BLE SPEAKER, LOK SABHA: A COMMENTARY ON PARLIAMENTARY PRIVILEGES AND JUDICIAL REVIEW

Raja Ram Pal v. Hon’ble Speaker, Lok Sabha is one of the important precedents of the Supreme Court on the question of the supremacy of parliamentary privilege vis-à-vis the courts’ power of judicial review. The case was based on the 2005 'cash-for-query' sting operation and the subsequent expulsion of the members of parliament. The five-judge Bench decided on two issues; whether Parliament had the authority to expel members and whether the exercise of this authority could be judicially scrutinized. The Supreme Court decided the former issue by a 4:1 majority, holding that Parliament had the right to expel a member as part of its privileges under Art 105(3) of the Constitution. On the latter issue, the Court kept the exercise of parliamentary powers on a tight leash and held the exercise of this power by Parliament was subject to judicial review but on limited grounds.